非登记婚姻确认的司法审查(以帕卢宗教法院为例)

M. Tahir, S. Sahabuddin, M. Marzuki
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引用次数: 2

摘要

所提出的研究问题是关于法官在确定帕卢宗教法院未登记婚姻的确认时的考虑以及对法官考虑的司法审查。这项研究的目的是揭示法官在确定帕卢宗教法院未登记婚姻的确认时的考虑,并对法官的考虑进行司法审查。本研究在帕卢宗教法院采用定量方法进行实地研究。数据来源于观察、访谈和书面资料。作者采用观察法、访谈法和文献法收集数据。研究结果是,帕卢宗教法院的法官在决定确认未登记婚姻时的考虑一般已经遵循了现有的规则。但是,帕卢宗教法院没有考虑到未登记婚姻的夫妇的年龄,因为当他们持有结婚合同时,担心持有未登记婚姻确认书的人会逃避与夫妇结婚年龄有关的法律。该研究的启示是,政府应修改婚姻法,将未登记婚姻纳入犯罪要素。政府还应该对在一定期限内未登记结婚的夫妇适用婚姻赦免制度,然后对未登记结婚的人适用刑法。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Juridical Review on Confirmation of Unregistered Marriage (A Case Study of Palu Religious Court)
The research problem formulated was concerning judges’ consideration in determining the confirmation of unregistered marriage at Palu Religious Court as well as a juridical review on the judges’ consideration. The purpose of this research was revealing judges’ consideration in determining the confirmation of unregistered marriage at Palu Religious Court as well as a juridical review on the judges’ consideration. This research used field research methods with a quantitative approach at Palu Religious Court. The data source was coming from observation, interview, and written sources. The writer used observation, interview, and documentation methods in collecting the data. The research findings were that judges’ consideration in Palu Religious Court in determining the confirmation of unregistered marriage generally was already following the rules existing. However, Palu Religious Court did not consider the age of the couples of unregistered marriage in which when they held a marriage contract, evasion of law related to the marriage age of the couples was feared to happen for those holding the confirmation of unregistered marriage. The research implication was that the government should revise the marriage laws an include criminal elements for the couple unregistered marriage. The government also should apply a marriage amnesty program for the couple holding unregistered marriage with a certain period and then apply criminal law for the peoples who are marriage unregistered.
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